The ruling establishes that military personnel injured during service are entitled to a presumption of service-related disability, potentially increasing pension benefits to 50%.

ORDER :

Ravi Chirania, J.

1. This writ petition has been filed by the petitioners feeling aggrieved by the order dated 15.03.2022 passed by learned Armed Forced Tribunal, Regional Bench, Jaipur (hereinafter referred to as ‘learned AFT’ for short), whereby the Original Application (hereinafter referred to as ‘OA’ for short) filed by the respondent-applicant (hereinafter referred to as ‘respondent’ for short) was allowed.

2. Learned counsel for the petitioners submitted that the respondent was enrolled in the Army (AEC) as Clerk (GD/HD) on 08.06.1984 and was promoted to the post of Naib Subedar with effect from 02.01.2008. He further submitted that while performing official duties the respondent suffered a head injury in a road accident on 09.07.2003 and was hospitalized at the Military Hospital, Ambala Cantt. A Court of Inquiry was conducted with regard to the injuries suffered by the respondent, in which it was held that the injury was attributable to military service. Learned counsel for the petitioners further submitted that respondent completed 26 years of service on 07.06.2010 and was granted further extension till 07.06.2012 and later on discharged from the service on 29.02.2012.

3. The respondent filed an OA No.153/2013 before the learned AFT, wherein the following prayer was made:-

“(A) The application be allowed and the premature discharge of applicant be quashed and set aside he be promoted to the rank of Subedar wef 01 Nov 2011 when his immediate junior was promoted.

(B). The disability element of applicant be rounded off to 50% from existing 30%.

(C) The applicant be notionally re-instated in to service wef 01 Mar 2012 and be paid all pay and allowances as applicable.

(D) The arrears of service pay and allowances as well as disability element be paid with 12% interest.

(E) Any other relief, which Hon'ble Tribunal thinks just and proper in the matter may also be granted to the applicant.”

4. Learned counsel submitted that a perusal of the prayers made in the OA shows that the respondent challenged his premature discharge from service and prayed that he be promoted to the rank of Subedar with effect from the date on which persons junior to him were promoted. He further claimed for rounding off of disability element to 50% from the existing 30%.

5. Learned counsel further submitted that the learned AFT passed the impugned order without considering the reply filed before the Tribunal as filed by the petitioners therein. It is further submitted that the respondent was not entitled to promotion for the post of Subedar and he was rightly granted pension along with the disability element at the rate of 30%. However, the learned Tribunal committed a serious error in passing the impugned order of rounding off upto 50%.

6. Accordingly, learned counsel for petitioners prayed that the impugned order dated 15.03.2022 passed by the learned AFT be quashed and set aside, and the writ petition be allowed.

7. Per contra, learned counsel for the respondent strongly opposed the above submissions and contended that the learned AFT rightly passed the order dated 15.03.2022, while placing reliance on the order of the Hon’ble Supreme Court in Union of India v. Ram Avtar , Civil Appeal No. 418 of 2012, decided on 10.12.2014, wherein the Hon’ble Apex Court held that personnel who complete their tenure and suffered disability attributed to or agg